By Editorial Staff
This month’s hero is
an unlikely one, to say the least. He’s David Pfahler, a 60-year-old attorney
who’s suing an 8-year-old boy for injuries he sustained from a collision on a
ski slope in Beaver Creek, Colorado.
Like martyrs
fighting for what they hold dear (in this case, a healthy settlement), Pfahler
and his wife have been vilified by an internet lynch mob that has branded them
as greedy and irrational. Jim Chalat, the Allentown, Pennsylvania couple’s attorney,
said they have been subjected to an “electronic tar and feathering,” including
repeated harassing phone calls to their home and demands that Mr. Pfahler be
terminated by his employer, Reader’s
Digest.
Meanwhile, we at Red Shtick believe the former teacher
and basketball coach is valiantly teaching an overprivileged youngster a
valuable life lesson. Thanks to Mr. Pfahler, at least one spoiled kid is
quickly learning that, no matter how special your parents may say you are, life
is not one big bunny slope covered in fresh powder.
Pfahler is suing
Scott Swimm, who was seven when the collision occurred. Since Scott is a
minor, his father, Robb Swimm, is also named in the federal suit, which seeks compensation for medical bills, time missed at work,
lost vacation expenses, and other costs totaling $75,000. Their first
court appearance is scheduled for January 7, 2008 in Eagle County.
The suit claims that, on January 12,
2007, a “plainly and readily visible” Mr. Pfahler was “skiing at a slow pace
ahead of the defendant.” It further claims that “Swimm was skiing negligently
and recklessly, at a high rate of speed. He collided into Mr. Pfahler causing
him to be injured.”
Pfahler’s suit asserts “the collision
caused Mr. Pfahler to suffer a massive anterior rotator cuff tear” and he has
since had to undergo “an extensive and continuous course of physical theraphy.”
It also claims that “Mr. Pfahler may sustain permanent disability, impairment,
and disfigurement and heightened risks of arthritic changes in his
shoulder."
Of course, some
people may question the wisdom of suing a child, but Chalat says it doesn't matter how old a skier is. The Colorado Ski Safety Act
not only states that the uphill skier has the duty to avoid any person in front
of him, but also that children are just as responsible for their actions as
adults. Thus, according to case law cited by Chalat, they can be sued like
adults.
"It doesn't matter if you're 8,
18 or 80," Chalat says. "Skiing is not a contact sport."
Naturally, the elder Swimms are
defending their little snow angel. They say that Scott has been skiing since he
was two and that he’s had years of lessons with Vail Resorts, noting that he’s
a responsible skier.
He’s been skiing in Vail since he was
two? How do you think Bode Miller got to be such a prick
Furthermore, Robb Swimm says his
precious son merely “tapped” Pfahler’s ski boots, adding that it was not a
violent attack. His wife, Susan Swimm, the woman who bore the perfect
offspring, says her cherub couldn’t have been traveling faster than 10 mph.
Chalat insists, though, that the
impact from colliding with the 48-pound human projectile was so strong that
Pfahler was thrown and landed with his skis in the air. Even if he had not been
physically harmed, we believe Pfahler would still be entitled to sue for an
injured ego.
In an interview with a local TV
station, Scott said that, when the two of them were on the ground, he tried to
get up and apologize to Pfahler. He claims, though, that Pfahler held him down,
told him he would sue his family, and called him a "f–king piece of
sh–t."
It’s a safe bet Scottie never heard
anything like that from his doting folks. At least the kid ran into someone who
was willing to enlighten a sheltered child about the realities of adulthood,
especially with regard to dealing with lawyers.
Click here to discuss this article on our Message Board. This article was originally posted on
January 04, 2008